McCrocklin v. Saterfiel

720 So. 2d 1258, 1998 WL 748573
CourtLouisiana Court of Appeal
DecidedOctober 28, 1998
Docket31144-CA
StatusPublished
Cited by3 cases

This text of 720 So. 2d 1258 (McCrocklin v. Saterfiel) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McCrocklin v. Saterfiel, 720 So. 2d 1258, 1998 WL 748573 (La. Ct. App. 1998).

Opinion

720 So.2d 1258 (1998)

Pat McCROCKLIN, Stuart D. Smith, Jewell Smith and Linda M. Smith, Plaintiffs-Appellants,
v.
Earl SATERFIEL, State Farm Insurance Company and United Service Auto Association, Defendants-Appellees.

No. 31144-CA.

Court of Appeal of Louisiana, Second Circuit.

October 28, 1998.

*1259 Johnson & Placke by Don H. Johnson, West Monroe, for Appellants.

Davenport, Files & Kelly, L.L.P. by William G. Kelly, Jr., Monroe, for Appellees.

Before NORRIS, STEWART and PEATROSS, JJ.

PEATROSS, Judge.

In this personal injury action, Stuart D. Smith and Linda Smith, in their individual capacities, and Warren Cole and Stuart Smith, as the sole heirs of the deceased, Jewel Smith, ("Plaintiffs") appeal the judgment of the trial court in favor of Defendant, United Services Automobile Association ("USAA"). Plaintiffs argue: (1) the trial court erred in concluding that Linda Smith was not an "employed covered person" and not entitled to recover under the extended benefits provisions of the USAA policy; (2) the jury erred in failing to award Linda Smith any damages for her physical injuries, post traumatic stress disorder and loss of wages resulting from the accident; (3) the jury erred in failing to award Jewel Smith any damages for her physical injuries, loss of quality of life and shortened life resulting from the accident; (4) the jury erred in failing to award Stuart Smith any damages for loss of consortium resulting from the accident; and (5) the jury and the judge erred by failing to award Plaintiffs penalties and attorney fees for USAA's arbitrary and capricious refusal to pay benefits owed under the policy. USAA answered the appeal and assigns as error the award of $2,000 to Warren and Stuart Smith, as the sole heirs of the deceased, Jewel Smith, for modifications or improvements to Stuart Smith's home.

FACTS

On April 3, 1993, Linda Smith, her mother, Pat McCrocklin, and her mother-in-law, Jewel Smith, were driving in the Smith vehicle when Earl Saterfiel made a sudden left turn in front of the Smith vehicle causing the two cars to collide. Since there was no question of liability, State Farm, the insurer of the Saterfiel vehicle, paid $25,000 to Jewel Smith, $20,000 to Pat McCrocklin and $5,000 to Linda Smith. State Farm was released by Plaintiffs prior to the trial.

The USAA policy covering the Smith vehicle had liability and uninsured motorist coverage limits of $100,000/$300,000, medical payments coverage of $100,000 and extended benefits which provided disability payments of up to $48,000. Under the medical payment provisions of the policy, USAA paid $8,223.29 to Linda Smith, $44,734.76 to Jewel Smith and $1,875 to Pat McCrocklin. In addition, USAA made an unconditional tender under the UM policy of $30,000 to Jewel Smith and $7,500 to Linda Smith. Subsequently, USAA declined to pay for damages in excess of the amounts tendered and declined to pay extended benefits to Linda Smith for her disabilities because she was not an "employed covered person" under the terms of the policy. Additionally, USAA refused to reimburse Stuart Smith for $8,301.12 in alterations to his house necessary *1260 to accommodate Jewel Smith after the accident.

Plaintiffs filed suit against USAA to recover damages and disability benefits under the uninsured motorists and extended benefits provisions of the automobile insurance policy issued to Stuart Smith by USAA. Prior to trial, the trial judge ruled that Linda Smith did not qualify for disability benefits under the extended benefits provisions because she was not employed at the time of the accident. The parties agreed to submit the issue of reimbursement for modifications to Stuart Smith's home to the judge and the remainder of the issues, including penalties and attorney fees, would be submitted to the jury. After the trial, at which USAA called no witnesses, the jury denied every item of Plaintiffs' damages.

DISCUSSION

In assessing damages in cases of offenses, quasi-offenses and quasi-contracts, much discretion is left to the judge or jury. La. C.C. art. 2324.1. Before an appellate court may disturb such an award, the record must clearly reveal that the trier of fact abused its broad discretion in making the award, based on the facts and circumstances peculiar to the case and the individual under consideration. Youn v. Maritime Overseas Corp., 623 So.2d 1257 (La.1993); Dixon v. Tillman, 29,483 (La.App.2d Cir.5/7/97), 694 So.2d 585. In determining whether the trier of fact abused its discretion by making an excessive award, the evidence must be viewed in the light most favorable to the plaintiff, whereas an inadequate award is viewed in the light most favorable to the defendant. Sledge v. Continental Casualty Co., 25,770 (La.App.2d Cir.6/24/94), 639 So.2d 805; Higginbotham v. Ouachita Parish Police Jury, 513 So.2d 537 (La.App. 2d Cir.1987).

It is only after an articulated analysis of the facts discloses an abuse of discretion that resort to prior awards in similar cases is proper. Dixon, supra. If the award is abusively low, it is raised to the lowest amount the trier of fact could reasonably have awarded. If the award is abusively high, it is reduced to the highest amount the trier of fact could have awarded. Dixon, supra.; Day v. Silver Oaks Cas., Inc., 28,566 (La. App.2d Cir.8/21/96), 679 So.2d 486.

Damages for Jewel Smith

Plaintiffs argue that the jury abused its discretion when it failed to award Jewel Smith any additional amount in general damages. Plaintiffs contend that Jewel Smith suffered excruciating pain from the time of the accident until her death approximately 15 months later. They also claim that she lost all quality of life and that her life was shortened by the injuries resulting from the accident. USAA counters that the $55,000 Jewel Smith received from State Farm and USAA was adequate compensation for her injuries and suffering. USAA also argues that Plaintiffs did not prove Jewel Smith's life was shortened by her injuries.

We agree that the jury did not abuse its discretion in failing to award Jewel Smith additional damages. The evidence shows that prior to the accident, Jewel Smith suffered from diabetes, obesity, heart problems and multiple myeloma (a form of bone cancer). As a result of the accident, Jewel Smith suffered four fractured ribs, a fractured sternum, a bruised knee and broken bones in her right foot. Stuart and Linda Smith claim that Jewel Smith was in severe and constant pain after the accident and that she was unable to walk.

Dr. Douglas Brown, an orthopedic surgeon who treated Jewel Smith following the accident, noted in his reports, however, that when he first saw her in early May 1993 Jewel Smith showed no evidence of severe pain and she was able to climb onto the examination table without assistance. Regarding Jewel Smith's second visit to Dr. Brown on May 31, 1993, Dr. Brown stated during his deposition:

And at that point she seemed to be doing better. She felt like she was gaining some strength. Her ribs were less tender than they had been previously. There was still some tenderness over her sternum. But she was walking and she seemed to be moving more easily. The swelling around her knee was less and there was some still *1261 some tenderness, however. She was using a walker when she came in, but seemed to be handling it very well. And I felt that as well as she did that she could probably get around with a cane only, and I encouraged that.

In addition, Dr.

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Bluebook (online)
720 So. 2d 1258, 1998 WL 748573, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccrocklin-v-saterfiel-lactapp-1998.